Ferguson v. Cable

Citations

• 84 Kan. 576
• 114 P. 852
• 1911 Kan. LEXIS 372

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. City Officers — Delegation of Discretionary Power — Construction of a Sidewalk. It is not an improper delegation of municipal power for the mayor and council of a city to commit the construction of a sidewalk to the street commissioner, when the work has been ordered and the details of its execution have been prescribed by ordinance.</p> <p>2. - Kind of Material to be Used in Constructing Sidewalk. The judgment and discretion of the mayor and council respecting the kind of material to be Used in the construction of a sidewalk are sufficiently exercised by the designation of several kinds, any one of which may be used.</p> <p>3. -- Levying Special Assessment. When a sidewalk has-been duly constructed by the street commissioner, under a proper ordinance which required him to do so and which provides that he shall report the cost to the city clerk, who shall certify the amount to the county clerk to be extended on the tax rolls against the lots adjacent to the walk, the ordinance constitutes the legislative act levying the special assessment; and the report of the cost and its certification to the county clerk are ministerial matters.</p>